Order I Rule 10 CPC - Nobody Can Be Permitted To Be Impleaded As Defendants Against The Wish Of The Plaintiffs Unless Court Suo Motu Directs: Supreme Court

The Supreme Court reiterated that the plaintiffs are the dominus litis and unless the court suo motu directs, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.The bench comprising Justices MR Shah and Krishna Murari observed that non-impleading the subsequent purchasers as defendants on the objection raised by the plaintiffs shall be at the risk of. The Supreme Court reiterated that the plaintiffs are the dominus litis and unless the court suo motu directs, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs. Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs. Case details Sudhamayee Pattnaik vs Bibhu Prasad Sahoo | 2022 LiveLaw 773 | CA 6370 OF 2022 | 16 September 2022 | Justices MR Shah and Krishna Murari Headnotes Code of Civil Procedure, 1908 ; Order I Rule 10 - Plaintiffs are the domius litis - Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs - In case the counter-claim is allowed, it will not be open for the plaintiffs to contend that no decree in the counter-claim be passed in absence of the subsequent purchasers - Non-impleading the subsequent purchasers as defendants on the objection raised by the plaintiffs shall be at the risk of the plaintiffs.